Investor Apple Tree Partners has won a crucial court victory against its main funder, after months of uncertainty about whether it would be able to continue putting money into the biotechs it has backed.
On Friday, Delaware Court of Chancery judicial officer Kathaleen McCormick ruled that Apple Tree’s financial backer Rigmora must pay about $97 million of the approximately $102 million that the venture investor had called down to make investments in several of its portfolio companies earlier this year.
Friday’s win for Apple Tree is critical given the dire financial shape of its portfolio companies, including several that are at risk of insolvency. Over the past six months, ATP has had to reduce some of its biotech startups to a “skeleton crew” and lay off 70% of employees across its portfolio companies, McCormick wrote in an opinion on Friday.
Unlike many other venture firms with a broad set of limited partners to fund investments, Apple Tree has relied almost entirely on Rigmora, with about 98% of its funds over the years — totaling more than $2 billion — from just Rigmora.
“We are gratified that the Chancellor ordered Rigmora to contribute capital to ATP that it owed under the terms of our limited partnership agreement,” ATP founder and managing partner Seth Harrison said in a statement to
Endpoints News.
“This proposition never should have been in question.”
Rigmora is owned by the family trust of Russian billionaire Dmitry Rybolovlev, who received his medical degree in 1990 and practiced medicine for a year before becoming a businessman. He made about $5 billion after selling his interests in the fertilizer manufacturer Uralkali in 2010, according to Friday’s court filing. He then wanted to create a “family-owned pharma company,” according to the court document, and invested through venture capital.
A spokesperson for the Rybolovlev family trust didn’t immediately respond to email inquiries.
Despite Friday’s ruling, it wasn’t immediately clear if ATP will receive the capital calls anytime soon. Rigmora had filed competing litigation in the Cayman Islands, and the Delaware court deferred to the Cayman court on some of ATP’s claims. McCormick ordered the parties on Friday to “submit a form of order or competing forms of order implementing this decision within three business days.”
Apple Tree’s affected portfolio companies are Aethon, Apertor, Ascidian, Deep Apple, Evercrisp, Initial, Marengo, Marlinspike, Red Queen and Replicate.
McCormick, in her ruling, said ATP is entitled to the capital it requested for all those companies, except Replicate, due to an amendment to its partnership agreement with Rigmora.
“Rigmora has the funds available to meet the capital calls,” McCormick’s opinion states. “Moreover, the portfolio companies are developing treatments for serious medical conditions, including childhood blindness, various cancers, obesity, and neurodegenerative diseases. The public interest strongly favors preserving potentially life-saving research programs.”
The relationship between ATP and Rigmora went well for about a decade. Then, Rigmora’s “enthusiasm began to wane in late 2021 and disappeared entirely following Russia’s invasion of Ukraine in early 2022,”
ATP alleged in a court filing
earlier this year.
Rigmora has claimed that ATP can’t call capital because it acted in bad faith. In June, the Rybolovlev family trust
said in a statement
that “because of our loss of trust and confidence in it, we have sought a just and equitable winding up of the fund.”
In Friday’s court filing, the Delaware judicial official said that “none of this supports a finding that ATP acted in bad faith.”